Generic + Evidence (2)

Question 1

What is the maximum imprisonment term of an offence eligible for a Pre Charge Warning? What is the one exception?

Answer 1

Six months

Can include “possess/uses utensils Methamphetamine”

Question 2

What are the two elements of the test for prosecution?

Answer 2

The evidence which can be adduced in court is sufficient to provide a reasonable prospect of conviction; and

the prosecution is required in the public interest

Question 3

The three stages to the Community Justice Panel (CJP)

Answer 3

Accountability
Restitution
Education

Question 4

The criteria for diversion

Answer 4

Offender based

Offence based (Cat. 2 and 3 offences can be eligible)

• Seriousness and type of offence
• Circumstances of the case and views of the OC case and victims

Question 5

what are the bail procedures?

Answer 5

Authority from officer in charge of custody
ensure you have the Right prisoner
Receipt of property
Notice of police Bail read to the prisoner

Question 6

what is the maximum time period after being released on bail that a defendant must appear in court (with no other bail conditions)?

Answer 6

14 days

7 days if you impose other conditions on the bail, e.g. curfew

Question 7

What are the four divisions of evidence?

Answer 7

Direct - the testimony of a witness to a given fact

Documentary - infringement notice

Real - material objects directly presented for inspection

Circumstantial - e.g. fingerprints found is a house raises the inference that that person has been in the house